Association of Holocaust Victims for Restitution of Artwork and Masterpi...ederation of Russia et al Doc.

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Case 1:04-cv-08456-LTS Document 7 Filed 12/13/2004 Page 1 of 3

Jeffrey Harris, JH2121

Max Riederer von Paar
Rubin, Winston, Diercks, Harris & Cooke, LLP
Sixth Floor
1155 Connecticut Avenue, N.W.
Washington, D.C. 20036
(202) 861-0870

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ASSOCIATION OF HOLOCAUST VICTIMS

FOR RESTITUTION OF ARTWORK AND
MASTERWORKS, et al.
CV-04-8456 Swain, J.
Plaintiffs, Electronically Filed
v.

FEDERATION OF RUSSIA, et al. and

REPUBLIC OF GERMANY,

Defendants.

ASSOCIATION OF HOLOCAUST VICTIMS

FOR RESTITUTION OF ARTWORK AND
MASTERWORKS, et al.

Plaintiffs,
v. CV 04-8457 Swain, J.
Electronically Filed
FEDERATION OF RUSSIA, et al. and
REPUBLIC OF GERMANY,

Defendants.

Dockets.Justia.com
 Case 1:04-cv-08456-LTS Document 7 Filed 12/13/2004 Page 2 of 3

FEDERAL REPUBLIC OF GERMANY’S OPPOSITION TO PLAINTIFFS’ ORDER TO

SHOW CAUSE RELATED TO PRESERVATION, IDENTIFICATION,
INVENTORYING AND LIMITED PRODUCTION OF THE DEUTSCH
FILES/DOCUMENTS

The Federal Republic of Germany1, by counsel, Rubin, Winston, Diercks, Harris and

Cooke, LLP opposes the relief requested in Plaintiffs’ Order to Show Cause because this Court

lacks subject matter jurisdiction and personal jurisdiction over the Federal Republic of Germany.

In support of its opposition, Germany incorporates and restates herein the reasons that this Court

lacks jurisdiction as set forth in Germany’s Memorandum of Law in Support of its Motion to

Dismiss for Lack of Subject Matter Jurisdiction, Insufficiency of Service of Process and Lack of

Personal Jurisdiction which was electronically filed on December 9, 2004.

Therefore this Court should vacate the Show Cause order entered by the Court on

December 6, 2004 and deny Plaintiff’s the relief they seek if it concludes that it lacks

jurisdiction.

Dated: December 13, 2004 Respectfully submitted,

/s/Jeffrey Harris
Jeffrey Harris, Esq. JH2121
Max Riederer von Paar
RUBIN, WINSTON, DIERCKS, HARRIS &
COOKE, LLP
Sixth Floor, 1155 Connecticut Avenue, N.W.
Washington, D.C. 20036
(202) 861-0870

1
Plaintiffs have improperly identified the Federal Republic of Germany (hereinafter
“Germany”) as the Republic of Germany in their complaints and correspondence with the Court.
 Case 1:04-cv-08456-LTS Document 7 Filed 12/13/2004 Page 3 of 3

CERTIFICATE OF SERVICE

I certify that the above Defendant’s Opposition to Plaintiffs’ Order to Show Cause was
served by prepaid Federal Express for next morning delivery, on December 13, 2004 to the
following attorneys for Plaintiff:

Edward D. Fagan, Esq.

140 Broadway
46th Floor
New York, NY 10005

Morse Geller, Esq.

277 Sycamore Street
West Hempstead, NY 11552

/s/ Adrienne M. Bauer